Hawaii Adjuster License Exam

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Here are 14 in-depth Q&A study notes to help you prepare for the exam.

Explain the concept of “bad faith” in insurance claims handling in Hawaii, providing specific examples of adjuster actions that could be considered bad faith under Hawaii Revised Statutes (HRS) § 431:13-103. What are the potential consequences for an adjuster found to have acted in bad faith?

“Bad faith” in insurance claims handling refers to an insurer’s or adjuster’s unreasonable and unfair actions in processing or denying a claim. HRS § 431:13-103 outlines unfair claim settlement practices, which, if committed with such frequency as to indicate a general business practice, constitute bad faith. Examples include misrepresenting pertinent facts or policy provisions, failing to acknowledge and act reasonably promptly upon communications regarding claims, failing to adopt and implement reasonable standards for the prompt investigation of claims, and denying claims without conducting reasonable investigations based upon all available information. An adjuster found to have acted in bad faith could face disciplinary actions from the Hawaii Department of Commerce and Consumer Affairs, including suspension or revocation of their license. The insurer may also be subject to lawsuits from the claimant, potentially resulting in significant financial penalties, including compensatory and punitive damages. Furthermore, the insurer’s reputation could be severely damaged, leading to a loss of business. The key is demonstrating a pattern of unfair practices, not just an isolated incident.

Describe the requirements for maintaining continuing education credits for a Hawaii adjuster license, as stipulated by Hawaii Administrative Rules (HAR) § 16-99-101. What are the consequences of failing to meet these requirements, and what options are available to reinstate a lapsed license?

HAR § 16-99-101 mandates that Hawaii licensed adjusters complete a specified number of continuing education (CE) credits biennially to maintain their license. The exact number of credits and any specific course requirements are determined by the Hawaii Insurance Division. These credits must be earned through approved providers and courses. Failure to meet the CE requirements by the renewal deadline will result in the lapse of the adjuster’s license. To reinstate a lapsed license, the adjuster typically needs to complete all outstanding CE credits, pay a reinstatement fee, and potentially reapply for the license. The specific requirements for reinstatement are outlined in HAR and may vary depending on the length of time the license has been lapsed. It’s crucial for adjusters to track their CE credits and ensure timely completion to avoid license lapse and the associated penalties.

Explain the concept of “insurable interest” in the context of property insurance in Hawaii. Provide examples of situations where an insurable interest exists and situations where it does not. How does the lack of insurable interest affect the validity of an insurance policy?

Insurable interest refers to a financial stake or legitimate economic interest in the insured property or person. It means the insured would suffer a financial loss if the insured event occurred. In property insurance, this means the person must have a financial interest in the property being insured. Examples of insurable interest include: owning a home, having a mortgage on a property, or being a business partner with an interest in the business’s assets. Examples where insurable interest typically does not exist include: insuring a neighbor’s house without their knowledge or consent, or insuring a property you have no legal or financial connection to. Without insurable interest, an insurance policy is generally considered invalid and unenforceable. The insurer has no obligation to pay out a claim if the insured lacks insurable interest at the time of the loss. This principle prevents wagering and ensures that insurance is used for legitimate risk transfer, not for speculative gain.

Describe the process for handling a claim involving a “reservation of rights” in Hawaii. What are the insurer’s obligations when issuing a reservation of rights letter, and what options does the insured have upon receiving such a letter? Refer to relevant Hawaii case law or statutes in your explanation.

A “reservation of rights” is a notification by an insurer to an insured that the insurer is investigating a claim but reserves the right to deny coverage later if it determines that the policy does not cover the loss. This typically occurs when there is a question about whether the policy applies to the specific circumstances of the claim. When issuing a reservation of rights letter, the insurer has an obligation to clearly and specifically explain the reasons for the reservation, citing the relevant policy provisions and the facts that raise coverage concerns. The letter should be sent promptly after the insurer becomes aware of the potential coverage issue. Upon receiving a reservation of rights letter, the insured has several options. They can cooperate with the insurer’s investigation while reserving their own rights to challenge the insurer’s coverage position. They can also seek independent legal counsel to advise them on their rights and options. If the insurer ultimately denies coverage, the insured may have grounds to file a lawsuit against the insurer to challenge the denial. Hawaii law requires insurers to act in good faith when handling claims, even when a reservation of rights is in place.

Explain the concept of “subrogation” in insurance, and how it applies to property and casualty claims in Hawaii. Provide an example of a subrogation scenario and outline the steps an adjuster would take to pursue subrogation rights on behalf of the insurer.

Subrogation is the legal right of an insurer to pursue a third party who caused a loss to the insured, in order to recover the amount of the claim paid to the insured. It prevents the insured from receiving double recovery (from both the insurer and the at-fault party) and holds the responsible party accountable for their actions. For example, if a driver negligently causes an accident that damages an insured’s vehicle, the insurer pays for the vehicle repairs under the insured’s collision coverage. The insurer then has the right to subrogate against the negligent driver (or their insurance company) to recover the amount paid for the repairs. To pursue subrogation, the adjuster would: 1. Investigate the accident to determine fault. 2. Notify the at-fault party (or their insurer) of the insurer’s subrogation interest. 3. Gather evidence to support the claim against the at-fault party. 4. Negotiate with the at-fault party (or their insurer) to reach a settlement. 5. If necessary, file a lawsuit against the at-fault party to recover the damages. The adjuster must also ensure that the insured cooperates with the subrogation efforts, as their testimony may be required.

Discuss the requirements and limitations surrounding the use of “independent medical examinations” (IMEs) in Hawaii workers’ compensation claims, as governed by Hawaii Revised Statutes (HRS) Chapter 386. What are the rights of the injured worker during the IME process, and what recourse do they have if they believe the IME was biased or unfair?

HRS Chapter 386 allows employers or their insurance carriers to request an independent medical examination (IME) of an injured worker to assess the nature and extent of their injury and its relationship to their employment. However, there are limitations. The employer must have a legitimate reason for requesting the IME, and the examination must be conducted by a qualified physician. The injured worker has the right to be informed of the purpose of the IME and the scope of the examination. They also have the right to have a representative present during the examination, although this representative cannot interfere with the examination process. The worker is entitled to a copy of the IME report. If the injured worker believes the IME was biased or unfair, they can challenge the report by presenting their own medical evidence and expert testimony. They can also request a second opinion from another physician. The final determination of the worker’s medical condition and eligibility for benefits rests with the Labor and Industrial Relations Appeals Board (LIRAB).

Explain the concept of “comparative negligence” as it applies to liability claims in Hawaii, referencing relevant Hawaii Revised Statutes (HRS) and case law. How does comparative negligence affect the amount of damages a claimant can recover, and what role does the adjuster play in determining the degree of negligence attributable to each party?

Hawaii follows the principle of pure comparative negligence, as codified in HRS § 663-31. This means that a claimant can recover damages even if they were partially at fault for the accident or injury. However, the amount of damages they can recover is reduced in proportion to their degree of fault. For example, if a claimant is found to be 20% at fault, they can only recover 80% of their total damages. The adjuster plays a crucial role in determining the degree of negligence attributable to each party. This involves investigating the accident, gathering evidence, interviewing witnesses, and assessing the actions of all parties involved. The adjuster must consider all relevant factors, such as traffic laws, road conditions, and the actions of the claimant and the insured. The adjuster’s assessment of comparative negligence is often a key factor in settlement negotiations. If the parties cannot agree on the degree of fault, the matter may ultimately be decided by a judge or jury.

Explain the concept of “bad faith” in the context of insurance claims handling in Hawaii, and provide specific examples of adjuster actions that could be considered bad faith under Hawaii Revised Statutes (HRS) § 431:13-103. How does the concept of “reasonable basis” factor into determining bad faith?

“Bad faith” in insurance claims handling refers to an insurer’s unreasonable and unfair actions in processing or denying a claim. Hawaii Revised Statutes (HRS) § 431:13-103 outlines specific acts that constitute unfair claim settlement practices, which can be interpreted as bad faith. Examples include misrepresenting pertinent facts or policy provisions relating to coverage, failing to acknowledge and act reasonably promptly upon communications with respect to claims, failing to adopt and implement reasonable standards for the prompt investigation of claims, and not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear. An adjuster acting in bad faith might unreasonably delay claim processing, deny a valid claim without proper investigation, or offer a settlement amount significantly lower than the claim’s actual value. The concept of “reasonable basis” is crucial. If an insurer has a reasonable basis for denying or delaying a claim, it is less likely to be found liable for bad faith. However, the “reasonable basis” must be supported by credible evidence and a thorough investigation. The insurer must demonstrate that its actions were based on a legitimate assessment of the claim and not on an intent to avoid or minimize payment. Failure to properly investigate and document the basis for denial can lead to a finding of bad faith, even if a seemingly reasonable basis exists on the surface.

Describe the requirements for continuing education for licensed adjusters in Hawaii, as stipulated by Hawaii Administrative Rules (HAR) Title 16, Chapter 93. What are the potential consequences of failing to meet these requirements, and how can an adjuster ensure compliance?

Hawaii Administrative Rules (HAR) Title 16, Chapter 93 outlines the continuing education (CE) requirements for licensed adjusters. Adjusters are required to complete a specified number of CE credit hours during each license renewal period. The exact number of hours and any specific course requirements (e.g., ethics) are determined by the Hawaii Insurance Division. These requirements are designed to ensure that adjusters maintain current knowledge of insurance laws, regulations, and industry best practices. Failure to meet the CE requirements can result in disciplinary actions, including suspension or revocation of the adjuster’s license. To ensure compliance, adjusters should track their CE credits throughout the renewal period, attend approved CE courses from accredited providers, and maintain records of completed courses. The Hawaii Insurance Division provides resources and information on approved CE providers and course offerings. Adjusters should proactively plan their CE activities to avoid last-minute scrambling and potential non-compliance. It is also crucial to understand the specific requirements for each renewal period, as they may be subject to change.

Explain the concept of “waiver” and “estoppel” in the context of insurance policies in Hawaii. Provide examples of how an adjuster’s actions or statements could inadvertently create a waiver or estoppel, potentially binding the insurer to coverage that would not otherwise exist under the policy terms.

“Waiver” and “estoppel” are legal doctrines that can alter the terms of an insurance policy based on the actions or statements of the insurer or its representatives (like adjusters). Waiver occurs when an insurer voluntarily relinquishes a known right under the policy. Estoppel arises when an insurer’s conduct leads the insured to reasonably believe that coverage exists, and the insured relies on that belief to their detriment. An adjuster’s actions can inadvertently create a waiver or estoppel. For example, if an adjuster, knowing that a policy exclusion applies, assures the insured that the claim will be covered, the insurer may be estopped from later denying coverage based on that exclusion. Similarly, if an adjuster consistently handles claims in a way that deviates from the strict policy terms (e.g., accepting late premium payments without penalty), the insurer may be deemed to have waived its right to enforce those terms. It’s crucial for adjusters to be aware of these doctrines and to avoid making statements or taking actions that could create a false impression of coverage or a modification of the policy terms. Clear and accurate communication with the insured, coupled with a thorough understanding of the policy language, is essential to prevent unintended waivers or estoppels.

Discuss the implications of Hawaii’s comparative negligence law (HRS § 663-31) on the settlement of liability claims. How does this law affect the determination of damages and the allocation of responsibility between the parties involved in an accident? Provide a hypothetical scenario to illustrate its application.

Hawaii’s comparative negligence law (HRS § 663-31) dictates that in cases of negligence, a claimant’s recovery is reduced in proportion to their degree of fault. This means that even if a claimant is partially responsible for an accident, they can still recover damages, but the amount will be diminished by their percentage of negligence. The law aims to fairly allocate responsibility based on the relative fault of each party involved. In settling liability claims, adjusters must carefully assess the degree of negligence attributable to each party. This involves gathering evidence, interviewing witnesses, and analyzing accident reports to determine the causal factors and the relative contributions of each party to the incident. The damages awarded to the claimant will be reduced by their percentage of fault. Hypothetical Scenario: A pedestrian is struck by a car while crossing the street. The pedestrian was jaywalking (negligent), but the driver was speeding (also negligent). After investigation, it is determined that the pedestrian was 30% at fault and the driver was 70% at fault. The total damages are assessed at $100,000. Under Hawaii’s comparative negligence law, the pedestrian would be entitled to recover $70,000 (70% of $100,000), reflecting the driver’s greater share of responsibility.

Explain the concept of “subrogation” in insurance, and describe the adjuster’s role in pursuing subrogation claims in Hawaii. What steps should an adjuster take to preserve subrogation rights, and what are the potential legal challenges involved in subrogation actions?

Subrogation is the legal right of an insurer to pursue recovery from a third party who caused a loss for which the insurer has paid its insured. In essence, the insurer “steps into the shoes” of the insured to recover the amount paid out on the claim. The adjuster plays a crucial role in identifying and pursuing subrogation opportunities. To preserve subrogation rights, the adjuster must take several steps: (1) Notify the potentially liable third party of the insurer’s subrogation interest. (2) Obtain a signed subrogation agreement from the insured, assigning the right to recover to the insurer. (3) Preserve evidence related to the loss, including photos, documents, and witness statements. (4) Avoid any actions that could prejudice the subrogation claim, such as releasing the third party from liability. Potential legal challenges in subrogation actions include: (1) Establishing the third party’s negligence or liability. (2) Overcoming defenses raised by the third party, such as contributory negligence or assumption of risk. (3) Navigating complex legal issues related to contractual agreements or statutory rights. (4) Dealing with potential conflicts of interest between the insurer and the insured. Adjusters should consult with legal counsel to navigate these challenges and maximize the chances of a successful subrogation recovery.

Discuss the requirements for handling claims involving minors or incapacitated adults in Hawaii. What specific legal considerations and procedures must an adjuster follow to ensure that settlements are fair and legally binding, particularly concerning court approval and the appointment of guardians ad litem?

Handling claims involving minors or incapacitated adults requires special attention to protect their interests. In Hawaii, settlements with minors or incapacitated adults typically require court approval to ensure fairness and prevent exploitation. The adjuster must be aware of the legal procedures for obtaining this approval. Generally, a petition must be filed with the court, outlining the details of the claim, the proposed settlement amount, and the reasons why the settlement is in the best interests of the minor or incapacitated adult. The court may appoint a guardian ad litem (GAL) to represent the interests of the minor or incapacitated adult. The GAL will investigate the claim, review the proposed settlement, and advise the court on whether it is fair and reasonable. The adjuster must cooperate fully with the GAL and provide all necessary information and documentation. The court will consider the GAL’s recommendation, along with other relevant factors, in deciding whether to approve the settlement. If the settlement is approved, the court may order that the funds be placed in a restricted account or trust, to be used for the benefit of the minor or incapacitated adult. Failure to follow these procedures can render the settlement invalid and expose the insurer to potential liability.

Describe the process for handling complaints against insurance adjusters in Hawaii, as outlined by the Hawaii Insurance Division. What are the potential consequences for an adjuster found to have violated insurance regulations or ethical standards, and what steps can an adjuster take to avoid complaints and maintain a professional reputation?

The Hawaii Insurance Division handles complaints against insurance adjusters. The process typically begins with a written complaint filed by an insured or other interested party. The Insurance Division will investigate the complaint, which may involve requesting information from the adjuster, the insurer, and other relevant parties. The adjuster has the right to respond to the complaint and provide their perspective on the matter. If the Insurance Division finds that the adjuster has violated insurance regulations or ethical standards, disciplinary actions may be taken. These actions can range from a warning or reprimand to suspension or revocation of the adjuster’s license. The severity of the penalty depends on the nature and severity of the violation. To avoid complaints and maintain a professional reputation, adjusters should: (1) Adhere to all applicable insurance laws and regulations. (2) Treat all claimants fairly and with respect. (3) Communicate clearly and honestly with claimants. (4) Conduct thorough and impartial investigations. (5) Document all claim-related activities. (6) Seek guidance from supervisors or legal counsel when faced with complex or ethical dilemmas. (7) Participate in continuing education to stay current on industry best practices. By following these guidelines, adjusters can minimize the risk of complaints and uphold the integrity of the insurance profession.

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